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VIAULT v. U.S.

No. 4:07-CV-41-H.

609 F.Supp.2d 518 (2009)

Patricia VIAULT and Jerome Viault, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E.D. North Carolina, Eastern Division.

March 30, 2009.

Attorney(s) appearing for the Case

Glenn A. Barfield, Haithcock, Barfield, Hulse & Kinsey, PLLC, Goldsboro, NC, for Plaintiffs.

Lora M.T. Tripp, U.S. Dept. of Justice, Steve R. Matheny, U.S. Attorney's Office, Raleigh, NC, for Defendant.

ORDER

MALCOLM J. HOWARD, Senior District Judge.

This matter is before the court on the government's motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure [DE # 27]. Also before the court is plaintiffs' motion to strike the affidavits of Betty Meisenbach and Rhonda Underhill, and for leave to respond to new issues raised in the government's reply brief [DE # 36]. Appropriate responses and...

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